Memorandum Opinion and Order

Pending are Plaintiff's motions for (1) leave to file an amended and supplemental complaint, (2) injunctive relief on Count 8 of the Amended and Supplemental Complaint, (3) partial summary judgment and a permanent injunction on Counts 2 and 3, and (4) further injunctive relief on Count 3. Intervenor Defendant West Virginia Coal Association's (WVCA's) motion to dismiss also pends. For reasons discussed below, Plaintiff's motion to file an amended and supplemental complaint is GRANTED. All other motions are DENIED.